Pension Benefits Standards Act, 1985

Version of section 36 from 2010-07-12 to 2019-06-06:


Marginal note:Void or, in Quebec, null agreements

  •  (1) Where any provision of this Act or the regulations requires an amount to be withheld, deducted, paid or credited, any agreement or arrangement by the person on whom the requirement is imposed not to withhold, deduct, pay or credit that amount is void or, in Quebec, null.

  • Marginal note:Idem

    (2) Any agreement or arrangement to assign, charge, anticipate or give as security

    • (a) any benefit provided under a pension plan, or

    • (b) any money withdrawn from a pension fund pursuant to section 26

    is void or, in Quebec, null.

  • Marginal note:Exception

    (3) Subsection (2) does not apply to prevent the assignment of an interest in a pension benefit, or in a life-annuity of the prescribed kind resulting from a transfer or purchase pursuant to section 26, where the assignment

    • (a) is ordered by a court pursuant to provincial property law (within the meaning of subsection 25(1)); or

    • (b) is made under subsection 25(4) pursuant to a written agreement.

  • Marginal note:Void or, in Quebec, null agreements

    (4) Any agreement or arrangement

    • (a) to surrender or commute a benefit, or any right or interest therein, or

    • (b) to surrender or commute benefits payable as a result of a transfer or purchase pursuant to section 26

    that is inconsistent with the rules set out in subsection 18(1) is void or, in Quebec, null.

  • Marginal note:Exception

    (5) Subsection (4) does not apply in respect of payments pursuant to paragraph 18(2)(b) or (c).

  • R.S., 1985, c. 32 (2nd Supp.), s. 36
  • 2000, c. 12, s. 262
  • 2010, c. 12, s. 1825(E)
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